Common use of Landscaping Improvements Clause in Contracts

Landscaping Improvements. A. In the event that the Developer is unable to complete the Landscaping Improvements, as identified in this Agreement because of periods of adverse weather, Force Majeure, or for other reasons beyond the Developer’s control, as approved by the City, the Developer may submit to the City an additional Performance Guarantee for only the Landscaping Improvements in the form of a cash payment, a cashier’s check, assignment of funds or an irrevocable letter of credit payable to the City in an amount equal to one hundred fifty percent (150%) of the estimated cost of all uncompleted Landscaping Improvements. Upon receipt of any Performance Guarantee for Landscaping Improvements authorized by this paragraph, in a form acceptable to the City, the City may issue a certificate of occupancy. B. These Landscaping Improvements shall be completed at a time agreeable to both Parties; however, no later than eight (8) months from the date of approval of the request for the additional Performance Guarantee for the Landscaping Improvements by the Developer. The City shall release the Performance Guarantee for Landscaping Improvements only upon completion or Acceptance of all Landscaping Improvement obligations by the Developer. C. Failure of the Developer to complete the Landscaping Improvements as provided herein shall constitute a material breach of this Agreement, and unless cured, the City may declare the Developer in default of this Agreement in accordance with Section 15.00. D. In the event of a default by the Developer, the method and manner in which the City elects to construct and install the Landscaping Improvement obligations shall be within the discretion of the City provided, however, that nothing herein shall obligate the City to install or complete the Landscaping Improvements and nothing herein shall prevent, prohibit or limit the remedies available to the City to enforce the obligations of the Developer requiring completion of Landscaping Improvements. Any remaining funds will be returned to the Developer after the City determines the construction has been completed. The City, however, shall not be deemed to have accepted any payment responsibility or liability in conjunction with any documents identified in this section.

Landscaping Improvements. A. In the event that the Developer is unable to complete the Landscaping Improvements, as identified in this Agreement because of periods of adverse weather, Force Majeure, force majeure or for other reasons beyond the Developer’s control, as approved by the City, the Developer may submit to the City an additional Performance Guarantee performance guarantee for only the Landscaping Improvements in the form of a cash payment, a cashier’s check, assignment of funds or an irrevocable letter of credit payable to the City in an amount equal to one hundred fifty percent (150%) of % the estimated cost of all uncompleted Landscaping Improvements. Upon receipt of any Performance Guarantee performance guarantee for Landscaping Improvements authorized by this paragraph, in a form acceptable to the City, the City may issue a certificate of occupancy. B. . These Landscaping Improvements shall be completed at a time agreeable to both Parties; however, no later than eight (8) months from the date of approval of the request for the additional Performance Guarantee performance guarantee for the Landscaping Improvements by the Developer. The City shall release the Performance Guarantee performance guarantee for Landscaping Improvements only upon completion or Acceptance of all Landscaping Improvement obligations by the Developer. C. B. Failure of the Developer to complete the Landscaping Improvements as provided herein shall constitute a material breach of this Agreement, and unless cured, the City may declare the Developer in default of this Agreement in accordance with Section 15.00. D. C. In the event of a default by the Developer, the method and manner in which the City elects to construct and install the Landscaping Improvement obligations shall be within the discretion of the City provided, however, that nothing herein shall obligate the City to install or complete the Landscaping Improvements and nothing herein shall prevent, prohibit or limit the remedies available to the City to enforce the obligations of the Developer requiring completion of Landscaping Improvements. Any remaining funds will be returned to the Developer after the City determines the construction has been completed. The City, however, shall not be deemed to have accepted any payment responsibility or liability in conjunction with any documents identified in this section. D. The Developer shall be responsible for maintenance of the Public Landscaping Improvements until Initial Acceptance of all public Landscaping Improvements. The City shall maintain all Public Landscaping Improvements following Initial Acceptance. The Developer shall provide the City a Warranty Guarantee for all Public Landscaping Improvements equal to 50% of the total estimated cost of Public Landscaping Improvements as identified in the Cost Estimate in the same manner as set forth in Section 5.04.